Legal analysis: 1. Trial preparation stage 1. Determine the identity of the party concerned: name; Former name; Date of birth; Nation; Native place; Education level; Occupation; Location of household registration; Home address; Whether he has received criminal punishment or administrative punishment; When to be detained; When he was released on bail pending trial; When to receive a copy of the indictment from the procuratorate; If the court makes mistakes in checking the defendant's age, identity, criminal record, etc., which may affect the outcome of the trial, the lawyer shall carefully record them and clarify them during the court investigation; 2. Declare that the defendant is suspected of committing a crime; Announce the names of the members of the collegial panel and other participants (prosecutors and defenders); Inform and ask whether to apply for withdrawal; 3. Right to inform the parties and defenders: According to Article 192 of the Criminal Procedure Law of People's Republic of China (PRC), the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection. Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions; According to the Criminal Procedure Law of People's Republic of China (PRC), the defendant not only enjoys the above rights, but also enjoys the right of defense and final statement. Second, the court investigation stage 1, the prosecutor read the indictment; The judge asked the defendant whether what he read was consistent with what he received; 2. (The judge ordered the other defendants to leave the court for trial) The judge asked the defendant A: "Does the fact alleged in the indictment exist? Is it guilty? Do you voluntarily plead guilty? " The defendant made a statement about the alleged crime; 3. The public prosecutor questioned the defendant A; In the process of court investigation, lawyers should listen carefully to the defendant's interrogation and questions, and be prepared to ask questions. If the public prosecutor threatens, induces or has nothing to do with the defendant, the defense lawyer has the right to raise an objection. If the court rejects the objection, it should respect the decision of the court. 4. The defender asked the defendant a question; 5. Defendant A withdrew from court for trial, and Defendant B was summoned to court in the same procedure, and all defendants were summoned to court one by one. Third, the stage of proof and cross-examination 1. The public prosecutor provides evidence to the court on the criminal facts alleged in the indictment; 2. The defendant talks about cross-examination opinions; 3. Defenders talk about cross-examination opinions; We should pay attention to the cross-examination of prosecution witnesses in court from the following aspects: the relationship between witnesses and the facts of the case; (2) the relationship between witnesses, defendants and victims; (3) the relationship between testimony and other evidence; (4) The contents and sources of the testimony; (5) The environment, conditions and mental state of the witness when he perceives the facts of the case; (6) Witness's perception, memory and expression ability; (seven) whether the witness is interfered or influenced by the outside world; (eight) the age of the witness and whether there are physical or mental defects; (9) Whether the testimony is inconsistent.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense. If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.
Article 191 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may interrogate the defendant. The victim, plaintiff, defender and agent ad litem of an incidental civil action may, with the permission of the presiding judge, put questions to the defendant. The judge can interrogate the defendant.